48. (M.) William Collins proceedingsdefend was indicted for that he, on the King's highway, did make an assault upon Walter Cope proceedingsvictim , putting him in corpoal fear and danger of his life, and violently taking from his person a silver dollar, value 4 s. and 16 d. in money numbered , his property, November 24 . *

Walter Cope < no role > . On Monday the 24th of November, about half an hour after six in the evening, I was going home from Stratford in a postchaise, and before I came to the two mile stone, the prisoner at the bar came up on the left side of me on horseback, and bid my man stop; it was dark, we had no light but what came from the lamps on the road; my man paid no regard to him, but drove on; in about an hundred yards. he came up with the man again, and presented a pistol, and bid him stop; I saw his hand in that direction, but did not see the pistol; I saw his face by the light of the lamp, we were on that side which the lamps were; the second time he bid the man stop, there appeared two men on the left side, on the bank, whether they belonged to him I do not know; then I let down one of the windows, and called to the man to stop, and called to the prisoner, and said, what do you want my friend; he answered, your money and your watch. I bid him come round to the side window, and I let down that also; he came; I said, what do you say friend; your life or your money, said he; he came close, and said, don't detain me, don't keep me here, make haste. I had an intention of taking him myself, but seeing the two men, I put my hand in my pocket and dropped some of my money, and as I thought kept some halfpence in my hand, and the dollar which I gave him; his right-hand was leaning over the neck of his horse, with the pistol in it. Whether he looked at the money or how, I cannot tell, but he said, this is not enough, give me some more; I told him I had no more, but I had a watch if he chose it; he refused it; then he bid me a good night, and went away: he was pursued by a person that was on horseback behind the chaise; he turned back, and alarmed the watch at the turnpike, at Mile-end: I heard of him in about an hour after I got home; I did not go to him that night, but did the next morning; he was in the watch-house at Mile-end; I swore to his person, and am very positive that is the man.

Q. How long might he be by the side of the coach?

Cope. About five minutes, or not quite so much; I could see his face very plain by the lamp; I could not speak to the colour of his cloaths, I thought he had something white before him.

Abraham Sangunetty < no role > . On the 24th of November I was going to Stratford, betwixt six and seven o'clock in the evening; I came up to the chaise, but did not know that Mr. Cope was in it. I rode behind it; it was a very dark night; I saw the prisoner at the bar pass me two or three times, while I was riding after the chaise; I took him to be a little boy; (note, the prisoner was a very small deformed person) I saw he had something buckled before him, which proved afterwards to be a great coat; I saw him go up to Mr. Cope's man, and bid him stop; he not complying directly, went up to him again, and said, stop, or I will blow your brains out; I did not see the pistol at first; immediately I thought it the best I could do to return back. I met a watchman conducting a gentleman along; I said, a gentleman had been robbed just before; then he said he would go back with me; before we got quite up to the chaise, we met the prisoner, he came close by me; I knew him again, he was upon a low horse, and sat very comically on the horse; I am sure it was the same person; I said to the gentleman, that was the same man: accordingly the watchman alarmed with his rattle, and frightned my horse; I desired him to stop the rattle, which he did. The watchman asked the turnpike man whether such a man had gone through; he said, no. While we were talking, in about a quarter of an hour the prisoner came riding through; I said, that was he, so they stopped him: he was searched, and a pistol found upon him: I was near the lamp when I saw him first, and was within two or three yards of him; I could swear to him by his face, as well as by his appearance.

Q. What money was found upon him?

Sangunetty. There were some halfpence and a shilling found upon him, but no dollar; the pistol was loaded, and there was a charge of powder, and two or three balls.

Thomas Manley < no role > . When the last witness came up to the watchman, I was coming from London, riding my horse a foot pace; he gave the alarm of a highwayman robbing a post-chaise; I turned back and endeavoured to take him; the prisoner came by; Mr. Sangunetty said, that is the man; I stopped my horse, and thought from his diminutive appearance, and being so poorly mounted, he could not be the man: he was galloping when the centinel came up; we followed him: we came to the turnpike before him, and enquired whether such a person had gone through; they said, no: we staid and talked about it; then the prisoner came riding to the gate, going a canter on his little horse: then Mr. Sangunetty called out, that was the man; then I rode after him, and laid hold on his collar; he said he had paid the toll; I said I did not stop him for that, but a robbery; he said he knew of no robbery.

Q. Did you know him to be the same person you had been shewn before?

Manley. I believe he was the same, but I cannot swear to his face, but as to his appearance it was the same. He had a shilling in his pocket; Mr. Sangunetty said he had pistols, and bid me take care, so I quitted my own horse and took him to the turnpike-house; I found a pistol loaded with powder and ball, and three more balls and powder, and one flint, and 1 s. 4 d. in halfp ence found upon him; there was no dollar.

Thomas Hartlett < no role > . I am one of the collectors of the turnpike. Mr. Sangunetty came up to the gate, and said there as a highwayman on the road; while we were talking, a person said this is he, and he was soon takes; I went to see who it was; I clapped my hand to his pocket and took out this pistol; (a pocket pistol produced in court) the prisoner said, take care of it, it is loaded; I endeavoured to snap it, but it would not go off; he was charged with the fact by Mr. Sangunetty, the next morning we had him before the bench of Justices.

Prisoner's defence.

I never care what I do; if any body will give me a pot of beer, then I am well enough.

To his character.

He called John Chetwind < no role > , a victualler at Woodford, who had known him between three and four years, William Watkins < no role > a baker, Thomas Drew < no role > a carpenter, Thomas Spicer < no role > a gardener, and Thomas Priest < no role > a farrier, all of Woodford, and George Wiley < no role > of Denmark-street, in the Strand, who said he was a journeyman taylor of good character.

Guilty . Death .